a) Field
This application relates to the field of back support devices.
b) Description of Prior Art
Back support devices are well known in the art. However, prior art addresses only anatomical back support. No prior art addresses both anatomical back support and physiological functions of human health. Furthermore, all prior art utilizes transverse components across the back or continuous components that discomfort the spinous processes and obstruct human physiology by robbing energy from the user. Transverse and/continuous components impede neurological communication via biochemical and bioelectrical impulses, circulation, and reduce nutrient distribution along the prime neurological pathway of the spinal column and thus to all parts of the body. Current back supports compromise both mental and physical health and performance.
Back pain is the #1 complaint of seated persons. A Well.org survey reveals that 86% of Americans sit all day at work and 67% of Americans hate sitting. We are sitting up to 13 hours a day and it is wreaking havoc with our health. The Archives of Internal Medicine found that the risk of premature death grows 15 percent for those who sit eight hours a day! The risk increases 40 percent for those who sit 11 hours a day compared with those who sit just four hours. Too much sitting can increase the risk of obesity, diabetes, cardiovascular disease, and cancer. Since most people sit to do their jobs it is apparent that devices that mitigate deleterious effects of sitting and that facilitate mental and physical functions are needed.
Thus, there is a need for a back support device that reduces back pain. Since prior art only addresses anatomical back support generically, there is a great need for a product that addresses anatomical, physiological issues with new technology.
The Applicants Vertical Back Support Health-Enhancing Device addresses improving anatomical alignment, facilitating physiological functions with new technology utilizing physical features in novel configurations, sizes, orientation, combinations, and arrangements. This new technology supports the back, optimally aligns the spine, facilitates physiology by improving neurological communication throughout the body, returns energy back to users and thus address a never before considered set of human comfort and performance issues. This novel physical composition is not expressly suggested nor implied in prior art. Furthermore, these physical features utilized in a novel way work synergistically to produce important, significant, unexpected, and valuable results including supporting the back and optimally aligning the spine, improving rib head articulation, optimizing intervertebral disk spacing and foramina openings, whereby an unimpeded neurological pathway along the spine enhances health, increases performance and returns energy to the user. These physical features include uniquely formed vertical components that conform to the Erector Spinae muscles that also form an open channel that aligns with the spine. The vertical components provide primary support of the back along the muscles that erect and shape the back. The open vertical channel divides support components and enables freer flow of nerve impulses and blood flow along the prime pathway of the spinal column. Another physical feature is a lateral pressure-adjusting device located behind vertical components that enables users to shape vertical components to optimally align the spine. Thus, there are no hard, transverse, or continuous components directly against the back that impede neurological communication. This novel physical support system produces new and unexpected results. It facilitates essential human physiological functions, particularly neurological communication via biochemical and bioelectrical impulses, blood flow and cellular transfer along the prime back pathway of the human spine in the open channel created by the vertical components. It improves neurological communication to all other parts of the anatomy and facilitates physiological functions. Improved communication between the brain (the control center of the body) and all organs, muscles, and physiological systems throughout the body increases energy to the user, enhances overall health and wellness, and increases capacity for performing mental and physical tasks. The Applicants Vertical Back Support Health-Enhancing Device solves the problem of stolen energy that was never before even recognized and provides an advantage which never before was appreciated. It solves a long-felt, long-existing and unsolved need to return energy back to a seated person that is stolen by all prior art. Furthermore, the results of enhanced mental and physical performance are greater than the sum of the results of prior art.
The Applicants Vertical Back Support Health-Enhancing Device is unobvious. It addresses anatomical alignment, physiological functions with novel physical technology applied in unique ways. If this novel design to solve the #1 complaint of seated humans was obvious it would have been done by now. The fact that it was not even described nor suggested in prior art, and it does not exist in prior art proves that it is unobvious.
c) Patent Search
Patent searches were conducted in Field of Classification Search USPC . . . 297/440.22, 284.1, 284.4, 284.5, 652, 657, 230.13, 230.14; 5/652. None was found to be similar to our embodiment.
Patent searches were also conducted using key words listed in the numbered categories below. Patents closest to our embodiment were examined in detail and explanations describing why they are different from our embodiment are included in the following category subsets.
For example: 1. ‘Category’. 1.1 Category subset.
    1. ‘Vertical back supports’—3 patents found.            1.1. U.S. Pat. No. 5,407,210-Portable game apparatus for playing curb ball or other ball game. Not related to our embodiment. It has nothing to do with supporting the back.        1.2. U.S. Pat. No. 4,539,722-Sofa-bed-dining table combination. Not related to our embodiment. It has nothing to do with supporting the back.        1.3. U.S. Pat. No. 4,488,752-Expandable mobile trailer. Not related to our embodiment. It has nothing to do with supporting the back.            2. ‘Spinal support’—361 found; none support the spine utilizing the unique technology in our patent.    3. ‘Back supports with channels’—0 found.    4. ‘Back supports for vertical muscle groups’—0 found.    5. ‘Energizing back supports’—0 found.    6. ‘Posture correction devices’—1 found. Not related.    7. ‘Back rests’—720 found; 1 was remotely similar and 1 was similar. Both are included in the table below.    8. ‘Back supports’—1029 found; 3 were remotely similar and are included in the table below.    9. ‘Back support devices’—40 found; 1 was remotely similar and is included in the table below.The patent search found five patents that were remotely similar and one that was similar. All six are listed in the table below. Explanations of how they differ from our embodiment are itemized below the table.
U.S. patent DOCUMENTSU.S. Pat. #DateInventor(s)6,496,994Dec. 24, 2002Omel6,331,170Dec. 18, 2001Ordway5,054,854Oct. 18, 1991Pruitt7,001,350Feb. 21, 2006Grosso6,805,680Aug. 30,2001Klinger; Knud4,572,578Aug. 8,1984Perkins                U.S. Pat. No. 6,496,994—Back Support. The rectangular expandable bladder provides one transverse component that presses against the back and is perpendicular to the spinal column, in the lumbar region, which impedes human physiological functions and health.        U.S. Pat. No. 6,331,170—Adjustable back support. A belt secures an inflatable back support that provides one transverse component that presses against the back and is perpendicular to the spinal column in the lumbar region, which impedes human physiological functions and health.        U.S. Pat. No. 5,054,854—Inflatable structure secured by tension. One or multiple bladders support the back with transverse components that press against the back and are perpendicular to the spinal column, which impedes human physiological functions and health.        U.S. Pat. No. 7,001,350—Portable, inflatable lumbar cushion. A belt secures an inflatable back support that provides a transverse component that presses against the back and is perpendicular to the spinal column, in the lumbar region, which impedes human physiological functions and health.        U.S. Pat. No. 6,805,680—Method for providing a massage on seats, and a device for implementing this method. This device massages the back with multiple transverse components that press against the back and are perpendicular to the spinal column across the entire back, which impedes human physiological functions and health.        U.S. Pat. No. 4,572,578—Back rest. This patent is most similar. However, there are several ways in which it is different. U.S. Pat. No. 4,572,578 is a ‘back rest’. THE VERTICAL BACK SUPPORT HEALTH-ENHANCING DEVICE is a ‘back support’. U.S. Pat. No. 4,572,578 provides a back rest that supports and also restricts movement from the cervical to the sacral vertebrae. THE VERTICAL BACK SUPPORT HEALTH-ENHANCING DEVICE supports the back from the thoracic to the sacral vertebrae and allows free movement of the cervical vertebrae. U.S. Pat. No. 4,572,578 has a kidney support. THE VERTICAL BACK SUPPORT HEALTH-ENHANCING DEVICE does not have a kidney support. U.S. Pat. No. 4,572,578 is not adjustable. THE VERTICAL BACK SUPPORT HEALTH-ENHANCING DEVICE is adjustable both vertically and horizontally to improve support and comfort. U.S. Pat. No. 4,572,578 is not available in various sizes to fit a variety of human torso lengths. THE VERTICAL BACK SUPPORT HEALTH-ENHANCING DEVICE is available in various sizes to fit various torso lengths. U.S. Pat. No. 4,572,578 is made of non-adjustable foam. THE VERTICAL BACK SUPPORT HEALTH-ENHANCING DEVICE is made of a variety of adjustable and flexible materials including plastics, foam, pneumatic bladders, polyester, nylon, and gelatinous substances.        The following patents presented by the Examiner and have been successfully defended to the Examiners satisfaction showing that the Applicants embodiment is novel over Leventhal (U.S. Pat. No. 5,836,900, Shiow-Lan (U.S. Pat. No. 5,190,347) and Quinton et al (U.S. Pat. No. 4,718,724), and Stewart, III et al (U.S. Pat. No. 6,588,020 B1) as evidenced by receiving Notice of Allowance mailed Feb. 15, 2015 of Provisional Parent Application No. 61/884,050 and Non-Provisional patent application Ser. No. 14/304,236.        Office Action Claims rejections under 35 USC 102, 35 USC 103 and 35 USC 112 have been successfully overcome by the Applicant to the satisfaction of the Examiner as evidenced by receiving Notice of Allowance mailed Feb. 15, 2015 of Provisional Parent Application No. 61/884,050 and Non-Provisional patent application Ser. No. 14/304,236.        